Displaced residents told to approach tribunal to adjudicate their claims

Gujjar Nullah anti-encroachment drive

Petitioners tell SHC they had lawfully constructed their homes along Gujjar Nullah

The Sindh High Court directed on Tuesday the people displaced by the removal of encroachments on Gujjar Nullah to approach the tribunal set up to adjudicate their property claims.

The petitioners submitted that they lawfully owned the properties along Gujjar Nullah and had legally constructed their homes there. They added that their homes did not fall within the ambit of encroachments.

They also claimed leasehold rights in respect of their plots by virtue of indentures of lease executed and registered under their or their predecessors’ names.

The court observed that the provincial law officer and the assistant commissioner had submitted that the government was forming a commission for deciding the dispute. It was suggested by the Karachi Development Authority and the Karachi Metropolitan Corporation counsel that the petitioners should be directed to approach the commission.

The court noted that there already existed a tribunal established under Section 12 of the Act with exclusive jurisdiction to settle the dispute so such a commission its proceedings and decisions would be coram non judice (lacking the authority to hear and decide the case in question).

The counsel for the petitioners and respondents agreed that the petitions be disposed of by directing the tribunal to decide the dispute within a specific timeframe in case.

The court observed that tribunal could be approached either by the petitioners or the respondents so that dispute was decided in accordance with the law.

The court directed the petitioners to approach the tribunal formed under the Sindh Public Property (Removal of Encroachment) Act 2010 by March 11.

The court observed that in case proceedings were initiated by the tribunal, the case would decided by May 13 providing the opportunity to all stakeholders to present their arguments.

The court observed that until May 13 or the final decision, whichever is earlier, no coercive action would be taken by the respondents in respect of such possession and construction of the petitioners which were in accordance with their entitlement, registered lease and site plans.

The court made clear that the orders would not apply to the people in possession of a construction or raising one without a valid allotment and the anti-encroachment drive would not be affected or delayed.

PPP MPA’s plea

The SHC directed the National Accountability Bureau special prosecutor to file comments as to whether an inquiry against Pakistan People’s Party MPA and former population welfare minister Syed Ali Mardan Shah had been completed or not.

The directives came on a petition filed by Shah against a NAB inquiry against him. Shah, who had remained as provincial minister during the PPP government’s previous tenure, had moved the court against the NAB executive board’s decision to initiate an inquiry against him over charges of misusing authority and embezzlement of government funds.

The petitioner’s counsel submitted that NAB had initiated an inquiry against the petitioner in 2015 and until then no final report has been submitted by the bureau. 

The special prosecutor sought time to obtain a report from the investigation officer of the case to ascertain as to whether the inquiry against the petitioner was still under way or has been completed.

An SHC division bench headed by Justice Syed Mohammad Farooq Shah granted time to the NAB counsel and told him to submit the report on the next date of hearing.